Terms and Conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

License to use website

Unless otherwise stated, Nexus Magazine and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this website (including republication on another website);

sell, rent or sub-license material from the website;

show any material from the website in public;

reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Nexus Magazine’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Nexus Magazine’s express written consent.

Restricted access

Access to certain areas of this website is restricted. Nexus Magazine reserves the right to restrict access to areas of this website, or indeed this entire website, at Nexus Magazine’s discretion.

If Nexus Magazine provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Nexus Magazine makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Nexus Magazine does not warrant that:

this website will be constantly available, or available at all; or

the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

Nexus Magazine will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;

for any indirect, special or consequential loss; or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Nexus Magazine has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Nexus Magazine’s liability in respect of any:

fraud or fraudulent misrepresentation on the part of Nexus Magazine; or

matter which it would be illegal or unlawful for Nexus Magazine to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You agree that the limitations of warranties and liability set out in this website disclaimer will protect Nexus Magazine’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Nexus Magazine.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Nexus Magazine and undertake to keep Nexus Magazine indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Nexus Magazine to a third party in settlement of a claim or dispute on the advice of Nexus Magazine legal advisers) incurred or suffered by Nexus Magazine arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Nexus Magazine’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Nexus Magazine may take such action as Nexus Magazine deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Nexus Magazine may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Nexus Magazine may transfer, sub-contract or otherwise deal with Nexus Magazine’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Nexus Magazine in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Delivery Policy

For physical products:

Providing there is current stock of an item, dispatch will occur within 1-2 business days of payment. Items are sent via Australia Post and Shippit and are subject to any disruptions that these carriers may have.

If there is a delay due to stock shortage or availability, the purchaser will be notified via email within 1-2 business days.

The delivery time varies, depending on the purchasers choice of delivery. The purchaser will be availed of the expected delivery time at check out.

When ordering on our website outside of Australia, purchases may be subject to import duty in your country. Currently there is no import duty charged from Australia to the US but countries in Europe and the UK may charge import duty from items purchased outside your country/region, and over a set value. Currently the value of the Australian dollar against many currencies such as the pound and euro still makes this worthwhile. If a package is refused and returned to us, the purchaser remains liable for postage costs.

For digital products:

Downloads will be available upon payment unless otherwise stated. In the case of a digital subscription, each magazine download will be available at time of release.

Refund Policy

Printed matter:

In the event of a missing or incorrect item, please contact us immediately for either a refund or a rectification of the problem.

In the event of receiving a damaged item, please contact us immediately for either a refund or a replacement of the damaged goods.

Digital Downloads:

Since NEXUS Magazine is offering non-tangible irrevocable goods we do not issue refunds once the order is accomplished and the product is sent. As a customer you are responsible for understanding this upon purchasing any item at our site. However, we realize that exceptional circumstance can take place with regard to the character of the product we supply.

Therefore, we DO honour requests for the refund on the following reasons:

non-delivery of the product: due to some mailing issues of your e-mail provider or your own mail server you might not receive a delivery e-mail from us. In this case we recommend contacting us for assistance. Claims for non-delivery must be submitted to us within 7 days from the order placing date. Otherwise the product will be considered received and downloaded;

download and unzipping issues: it may happen so that you are having problems while downloading the product or its unzipping. Claims regarding such issues must be submitted to our Technical Support department. If you do not properly contact us during this period, you agree that we may construe silence as a successful download of the product with no further right of redress or refund for a “download issue” reason. Failure to receive assistance for downloading or unzipping within 5 days may result in a refund decline;

major defects: although all the products are thoroughly tested before release, unexpected errors may occur. We keep the right to rectify the error or defect within 72 hours. If any deficiency is approved and we fail to correct it within 72 hours from the date of the initial complaint letter or any other notification provided by a Customer, the refund will be issued to the customer in full without any compensations or reimbursements. OR, at customer’s choice, replacement of the product of the same or around the same value can be offered;

product not-as-described: such issues should be reported within 7 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the website. Complaints which are based merely on the customer’s false expectations or wishes are not honoured.

Please note that we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions etc) other than those which are specified as compatible in a description available on the preview page of each product. We don’t guarantee that our products are fully compatible with any third-party programs and we do not provide support for third-party applications.

Our Technical Support Team is always eager to assist you and deliver highly professional support in a timely manner. Thank you for purchasing our products.